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January 11, 1999

CLA-2-34:RR:NC:SP:236 D85933

CATEGORY: CLASSIFICATION

TARIFF NO.: 3406.00.0000

Mr. Bing Ran
Charles Schwab Connections, Inc.
2427 Villanova Drive
Vienna, VA 22180

RE: The tariff classification of a sculptured candle in a glass jar from China.

Dear Mr. Ran:

In your letter dated December 3, 1998, you requested a tariff classification ruling.

The sample submitted with your letter is a green colored, scented candle molded in the shape of a bushel of apples, and is set into a glass jar measuring 2 5/7" tall and 2 3/4" in diameter.

The applicable subheading for the above described sample will be 3406.00.0000, Harmonized Tariff Schedule of the United States, which provides for candles, tapers, and the like. The rate of duty will be Free.

The Department of Commerce (DOC) has determined that petroleum wax candles in the following shapes: tapers, spirals, and straight-sided dinner candles; rounds, columns, pillars, votives; and various wax-filled containers are within the scope of the antidumping duty order on petroleum wax candles from China. In addition, the DOC has determined that candles molded in the form of certain identifiable objects, such as an animal or numeral, are not within the scope of the antidumping duty order on petroleum-wax candles from China. In our opinion, the sample is not within the scope of the antidumping duty order.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist V. Gualario at 212-466-5744.

Sincerely,

Robert B. Swierupski
Director,

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